Embarrassment and inexperience with the criminal justice system too often leave those charged with drunk driving feeling as though there is little they can do to fight the charges. Often, they simply plead guilty in an attempt to quickly and quietly put an embarrassing episode behind them.

Our experienced drunk driving defense lawyer in Fort Collins and Brighton knows that is a mistake. The truth is, charges of drunk driving, and Colorado’s lesser offense of driving while ability impaired (DWAI), which is meant to sanction motorists who would not even be in violation of the law in many other states, are often beatable, either through outright dismissal, or by winning a significant reduction of the charges.

In recent years, body camera and cruiser camera footage has come to the defense of countless defendants. While primarily meant to protect law enforcement from false allegations (at least according to law enforcement), the reality is this evidence helps defendants in many criminal cases.

DUI Defense in Fort Collins and Brighton

Colorado law requires both an administrative hearing through the DMV to fight for your driving rights, and a defense of the criminal charges in court. It’s important to note that you have just 7 days from the date of arrest, or the date of blood-test results in the event of a blood draw, to request a hearing or your driver’s license will automatically be suspended or revoked. This makes early consultation with a drunk driving defense lawyer in Brighton or Fort Collins a critical first step when it comes to protecting your rights. Your chosen defense lawyer’s primary responsibilities will include keeping you out of jail, protecting your right to drive, and seeking a reduction or dismissal of the charges, or other results that will minimize the potential consequences.

Common defenses to DUI and DWAI charges in Colorado include:

• Challenging probable cause for the traffic stop.
• Challenging the manner in which field sobriety tests were administered.
• Asserting that medical condition led to stop, or test failure.
• Challenging the training of officers involved.
• Challenging the maintenance and calibration of testing equipment.

When your DUI defense lawyer makes a formal request to retrieve and review a police officer’s body camera footage, or cruiser camera footage, much can be learned. This includes:

• Whether the officer had legitimate reason to stop you.
• Whether you were cooperative or appeared intoxicated.
• How you performed on field sobriety tests.
• How the officer conducted himself.
• Whether the officer used approved methods to question and test you.
• The length of time of the stop.
• Whether you took or passed sobriety tests.

Such footage may be particularly helpful when it comes to probable cause for the stop and performance on field sobriety testing. Police are notorious for inventing or exaggerating probable cause for traffic stops, including crossing traffic lines while turning, not using a signal and “so-called” weaving within your own lane. Likewise, field-sobriety tests are designed only to make you look foolish and are used by law enforcement for the sole purpose of gathering evidence of your guilt. Only three tests are nationally recognized: The eye/pen test, the walk and turn, and standing on one leg. Many people cannot do these tests sober, let alone the variety of roadsize olympic events invented by law enforcement.

Of course, there may be times when such camera footage is less than helpful to your case. That’s one of the reasons we always advise clients to say and do as little as possible, and to maintain respect for officers at the scene. But even when camera footage is not helpful, knowing that can help inform your DUI defense lawyer as he determines the best course of action in your case. Our Fort Collins DUI Defense Attorney represents clients in Brighton and throughout Adams and Weld counties, as well as Larimer County and the Fort Collins area, including Loveland, Berthound, Estes Park, Johnstown, Timnath, Wellington and Windsor.

Call 970-592-2805 for a free and confidential consultation to discuss your rights.